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NO. SBM-2015-005

NO. SBM-2015-005

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IMMIGRATION MEMORANDUM CIRCULAR
NO. SBM-2015-005
GRANTING IMMIGRANT VISA UNDER SECTION 13 OF
COMMONWEALTH ACT NO. 613, AS AMENDED, TO KOREAN
NATIONALS IN THE PHILIPPINES
WHEREAS, Section 13 of Commonwealth Act No. 613, as amended,
grants Permanent Resident Visa (PRV) to foreign nationals who have familial
ties to Philippine citizens, have viable business investments in the country,
and/or possess the qualifications, skill, scientific, education or technical
knowledge benefiting the national interest of the Philippines;
WHEREAS, Section 13 admits of no more than fifty (50) immigrants
of any one nationality for any one calendar year into the country, identified
as “quota immigrants”;
WHEREAS, based on the official communication by the Korean
Ambassador to the Philippines on 21 January 2007 concerning the laws and
regulations of the Republic of Korea on the issuance of permanent resident
visas to Filipino citizens, the BI issued a Memorandum Order No. MCL-08-
003 on 29 January 2008 providing Permanent Resident Visa (PRV) under
Section 13 of Commonwealth Act No. 613, as amended, to Korean nationals
in the Philippines who (a) has investment in the Philippines; (b) is married to
a Filipino citizen; (c) is married to a permanent resident alien; or (d) is the
son or daughter of a permanent resident alien parent;
WHEREAS, pursuant there to, Memorandum Circular No. MCL-08-003
was issued prescribing the implementing guidelines in the grant of PRV for
Korean nationals and was thereafter amended by Memorandum Order No.
MCL-08-013;
WHEREAS, in order for the Bureau of Immigration (BI) to lawfully
grant an immigrant visa or PRV to a foreign national, there must be an
existing reciprocity agreement between the Republic of the Philippines and
the respective foreign country or a law in such foreign country granting the
same privilege to the Philippine citizens duly confirmed by the Department of
Foreign Affairs (DFA);
WHEREAS, in a letter dated 01 September 2014, the DFA officially
confirmed, per report submitted by the Philippine Embassy in Seoul, South
Korea, that the Korean Government grants permanent residence status to
Filipino nationals;
WHEREAS, the same letter states the “(A)part from having familial
ties with Korean citizens (either as spouse, children or descendant), Filipinos
may apply for long-term residency visa (F-2) or permanent residency
(F-5) on the grounds of being a high value investor or possesses skills in
specified fields” or “become a Korean national upon being granted the
permission for naturalization” through general naturalization, simple
naturalization of special naturalization;
WHEREAS, to keep consistent with the requirements of the law and
adherence to the principle of reciprocity, there is a need to repeal
Memorandum Order No. MCL-08-003 and the implementing guidelines
issued therefore and modify the conditions by which Korean nationals in the
Philippines may be granted PRV;

WHEREFORE, pursuant to Section 3 of Commonwealth Act No. 613,
as amended, and in order to effectively manage the effects that the
continued effectivity and implementation of Memorandum Order No. MCL-
08-003 may set as a precedent, the following are hereby ordered:
Section 1. Grant of Immigrant Visa. – Upon proper application,
proof of qualification and payment of prescribed fees, the Bureau of
Immigration may grant:
a) A quota immigrant visa under Section 13 of Commonwealth Act No.
613, as amended, to a Korean national who has investments in the
Philippines or possesses special qualifications; and
b) A non-quota immigrant visa under Section 13(a) of the same Act, t
a Korean national who is legally married to a Filipino citizen and
their unmarried children under 21 years of age, if accompanying or
following to join such citizen.
Section 2. Repeal of Memorandum Order No. MCL-08-003. –
Memorandum Order No. MCL-08-003 entitled “Providing Permanent
Residence Visa to Koreans in the Philippines” issued n 29 January 2008 is
hereby repealed upon effectivity of this Circular.
Section 3. Termination of PRVs Issued Under Memorandum
Order No. MCL-08-003. – Valid PRVs issued under Memorandum Order No.
MCL-08-003 shall be terminated after two (2) years from the effectivity of
this Circular unless sooner cancelled for other cause/s.
Section 4. Adjustment of Immigration Status. – Holders of Valid
PRVs under Memorandum Order No MCL-08-003 who are qualified to obtain
immigrant visas under Section 1 of this Circular and wish to maintain their
permanent resident status must adjust their immigration status under
Section 13 of Commonwealth Act No. 613, as amended, or, if not qualified,
to other appropriate visa category within the two (2)-year timeframe without
need to downgrade to temporary visitor’s visa.
Section 5. Repealing Clause. – All circulars, orders, directives and
other issuances inconsistent herewith are hereby repealed and/or modified
accordingly.
Section 6. Effectivity. – This Circular shall take effect after fifteen
(15) days from publication in a newspaper of general circulation.

Furnish a copy of this Circular to the Department of Foreign Affairs
(DFA), Pasay City, and the Office of the National Administrative Register
(ONAR), U.P. Law Center, University of the Philippines, Diliman, Quezon
City.

IMMIGRATION MEMORANDUM CIRCULAR
NO. SBM-2015-005
GRANTING IMMIGRANT VISA UNDER SECTION 13 OF
COMMONWEALTH ACT NO. 613, AS AMENDED, TO KOREAN
NATIONALS IN THE PHILIPPINES
WHEREAS, Section 13 of Commonwealth Act No. 613, as amended,
grants Permanent Resident Visa (PRV) to foreign nationals who have familial
ties to Philippine citizens, have viable business investments in the country,
and/or possess the qualifications, skill, scientific, education or technical
knowledge benefiting the national interest of the Philippines;
WHEREAS, Section 13 admits of no more than fifty (50) immigrants
of any one nationality for any one calendar year into the country, identified
as “quota immigrants”;
WHEREAS, based on the official communication by the Korean
Ambassador to the Philippines on 21 January 2007 concerning the laws and
regulations of the Republic of Korea on the issuance of permanent resident
visas to Filipino citizens, the BI issued a Memorandum Order No. MCL-08-
003 on 29 January 2008 providing Permanent Resident Visa (PRV) under
Section 13 of Commonwealth Act No. 613, as amended, to Korean nationals
in the Philippines who (a) has investment in the Philippines; (b) is married to
a Filipino citizen; (c) is married to a permanent resident alien; or (d) is the
son or daughter of a permanent resident alien parent;
WHEREAS, pursuant there to, Memorandum Circular No. MCL-08-003
was issued prescribing the implementing guidelines in the grant of PRV for
Korean nationals and was thereafter amended by Memorandum Order No.
MCL-08-013;
WHEREAS, in order for the Bureau of Immigration (BI) to lawfully
grant an immigrant visa or PRV to a foreign national, there must be an
existing reciprocity agreement between the Republic of the Philippines and
the respective foreign country or a law in such foreign country granting the
same privilege to the Philippine citizens duly confirmed by the Department of
Foreign Affairs (DFA);
WHEREAS, in a letter dated 01 September 2014, the DFA officially
confirmed, per report submitted by the Philippine Embassy in Seoul, South
Korea, that the Korean Government grants permanent residence status to
Filipino nationals;
WHEREAS, the same letter states the “(A)part from having familial
ties with Korean citizens (either as spouse, children or descendant), Filipinos
may apply for long-term residency visa (F-2) or permanent residency
(F-5) on the grounds of being a high value investor or possesses skills in
specified fields” or “become a Korean national upon being granted the
permission for naturalization” through general naturalization, simple
naturalization of special naturalization;
WHEREAS, to keep consistent with the requirements of the law and
adherence to the principle of reciprocity, there is a need to repeal
Memorandum Order No. MCL-08-003 and the implementing guidelines
issued therefore and modify the conditions by which Korean nationals in the
Philippines may be granted PRV;

WHEREFORE, pursuant to Section 3 of Commonwealth Act No. 613,
as amended, and in order to effectively manage the effects that the
continued effectivity and implementation of Memorandum Order No. MCL-
08-003 may set as a precedent, the following are hereby ordered:
Section 1. Grant of Immigrant Visa. – Upon proper application,
proof of qualification and payment of prescribed fees, the Bureau of
Immigration may grant:
a) A quota immigrant visa under Section 13 of Commonwealth Act No.
613, as amended, to a Korean national who has investments in the
Philippines or possesses special qualifications; and
b) A non-quota immigrant visa under Section 13(a) of the same Act, t
a Korean national who is legally married to a Filipino citizen and
their unmarried children under 21 years of age, if accompanying or
following to join such citizen.
Section 2. Repeal of Memorandum Order No. MCL-08-003. –
Memorandum Order No. MCL-08-003 entitled “Providing Permanent
Residence Visa to Koreans in the Philippines” issued n 29 January 2008 is
hereby repealed upon effectivity of this Circular.
Section 3. Termination of PRVs Issued Under Memorandum
Order No. MCL-08-003. – Valid PRVs issued under Memorandum Order No.
MCL-08-003 shall be terminated after two (2) years from the effectivity of
this Circular unless sooner cancelled for other cause/s.
Section 4. Adjustment of Immigration Status. – Holders of Valid
PRVs under Memorandum Order No MCL-08-003 who are qualified to obtain
immigrant visas under Section 1 of this Circular and wish to maintain their
permanent resident status must adjust their immigration status under
Section 13 of Commonwealth Act No. 613, as amended, or, if not qualified,
to other appropriate visa category within the two (2)-year timeframe without
need to downgrade to temporary visitor’s visa.
Section 5. Repealing Clause. – All circulars, orders, directives and
other issuances inconsistent herewith are hereby repealed and/or modified
accordingly.
Section 6. Effectivity. – This Circular shall take effect after fifteen
(15) days from publication in a newspaper of general circulation.

Furnish a copy of this Circular to the Department of Foreign Affairs
(DFA), Pasay City, and the Office of the National Administrative Register
(ONAR), U.P. Law Center, University of the Philippines, Diliman, Quezon
City.